A/79/316 F. Insufficient disaggregated data and monitoring mechanisms 66. The Special Rapporteur urges States to collect accurate data, disaggregated by race, colour, descent, caste, ethnic or national origin, and other factors, and incorporate a gender perspective on the socioeconomic and cultural status and conditions of the various groups in the population. 85 This should be done in accordance with strict safeguards and international human rights law. Such disaggregated data are crucial to effectively target and implement special measures. States must also establish effective monitoring systems to ensure that special measures are working as intended and to amend them as necessary. 86 Developing comprehensive and disaggregated data collection and establishing transparent monitoring frameworks are essential for evaluating progress and ensuring accountability for the effective implementation of special measures. This should be done with the meaningful participation of intended beneficiaries. 67. The Special Rapporteur notes with concern the lack of disaggregated data and monitoring mechanisms for special measures globally. 87 The dearth of disaggregated data is a key obstacle to devising effective and targeted special measures and other policies to address racial inequities. The lack of data also makes it more challenging to argue for their necessity and effectiveness, leading i n turn to underutilization of special measures. In addition, effective implementation of special measures requires comprehensive empirical data. The Special Rapporteur urges States to adopt an inclusive and intersectional approach to data collection. 68. In 2015, a predecessor of the Special Rapporteur prepared a thematic report on the obligation of States to collect ethnically disaggregated data with a view to addressing discrimination. In that report, he expressed his concern about the continued absence of data disaggregated by ethnicity and other prohibited grou nds of discrimination, and he stressed the indispensable role and benefits of collecting disaggregated data to effectively combat discrimination and implement equality. 88 The Committee on the Elimination of Racial Discrimination has continually and repeatedly called upon States to collect disaggregated data, 89 to establish monitoring and evaluation mechanisms to conduct regular impact assessments of the special measures implemented and to obtain information on the effectiveness of special measures. 90 This call has also been made by the High Commissioner for Human Rights and the Secretary-General of the United Nations in relation to people of African descent. 91 69. The lack of effective monitoring mechanisms can also allow government departments, institutions and companies to misrepresent their compliance with special measures, thus distorting the results of special measures and their effectiveness. For example, in South Africa, measures have been taken to address cases of companies misrepresenting their compliance with the Broad-Based Black Economic Empowerment Amendment Act to gain benefits through a practice known as “fronting”. 92 __________________ 85 86 87 88 89 90 91 92 24-15073 CERD/C/GC/32, para. 17; submission from South Africa, p. 4; A/68/333, para. 79; and A/HRC/47/CRP.1, para. 71. CERD/C/GC/32, para. 35. For example, CERD/C/ZAF/CO/9-11, para. 18; and CERD/C/PRT/CO/18-19, para. 13. A/70/335, Summary. For example, CERD/C/PRT/CO/18-19, paras. 6 and 13; CERD/C/BRA/CO/18-20, paras. 4 and 5; and CERD/C/PAK/CO/21-23, para. 11. CERD/C/ZAF/CO/9-11, para. 19 (a). For example, A/HRC/47/CRP.1, para. 70 ff.; and OHCHR, “Disaggregated data to advance the human rights of people of African descent: progress and challenges” (United Nations publication, 2023). See Republic of South Africa, Department of Trade, Industry and Competition, “Fronting”, available at www.thedtic.gov.za/financial-and-non-financial-support/b-bbee/fronting/. 21/24